Malawi Law Society (MLS) has unveiled draft regulations to operationalise the Judicial Service Administration Act of 2025 with a proposal to Parliament to initiate debate on possible impeachment of a judge within seven days after the recommendations.
If approved, the proposal will compel the Leader of the House to move an impeachment motion within the suggested period and if that does not happen, a private member can be allowed to do so.
The proposal was announced on Monday in Lilongwe during a stakeholders’ engagement on Judicial Reforms Initiative organised by MLS as part of efforts to strengthen oversight within the judiciary.
Under the proposed regulations presented by a member of the MLS-Judicial Service Commission Bill (MLS-JSC) Advisory Team Janet Liabunya, Parliament’s failure to secure a majority vote by secret ballot would see an accused judge resume his or her duties.
Initially, recommendation for the removal of judges was only being made by the JSC as mandated by Section 118 of the Constitution.
“Basically what we are saying is that removal of a judge has to be on the majority of the votes after debate. But if there is no majority of votes, then the judge will be deemed as if there was no recommendation for the removal,” said Liabunya.
MLS-JSC advisory team chairperson Raphael Mhone, SC, said the process was critical to implementing the long-delayed judicial reforms as the absence of regulations stalled the operationalisation of the Acts.
“The quicker we deal with these regulations, the faster we will go towards the implementation of those judicial reforms,” he said.
MLS vice-president McHaven Ngwata said the draft regulations would be shared with the judiciary and the Ministry of Justice and Constitutional Affairs.
“The hope is that either they adopt the drafts as they are or they will factor in their input and then we will have those regulations finalised by the minister,” he said
MLS embarked on an initiative to develop the draft regulations after Parliament passed three reform bills, which include the Constitutional (Amendment) Act, 2025, the Judicial Service Administration Act, 2025 and the Courts (Amendment) Act, 2025.
Parliament also drafted procedures for the Independent Complaints Commission for the Judiciary and draft Code for Conduct for judicial officers.
